ETHICS ADVISORY COMMITTEE
STATE OF WASHINGTON
OPINION NO. 86-5
QUESTION
Is it proper for a pro tempore judge to hear cases in which members of the
firm of the regular part-time municipal court judge appear?
ANSWER
Our answer is premised on the following representations provided to
the Committee: 1) pro tempore judges are appointed by the mayor pursuant
to RCW 3.50.090; 2) presently, there is a standing panel of five pro
tempore judges; 3) all parties are advised as to the identity of the pro
tempore judge and have the opportunity to file affidavits of prejudice; and
4) the regular part-time judge has no role in the selection of pro tempore
judges.
It is proper under the Code of Judicial Conduct for a pro tempore
judge to hear cases in which members or the firm of the regular part-time
judge cannot influence the selection of pro tempore judges.